Monday, March 09, 2009

Federal Bar Association Indian Law Conference

I'll be revisiting the perversities of Indian Law thesis in light of last year's Plains Commerce Bank v Long, in a talk at the Federal Bar Association's Indian Law Conference, April 3, Pueblo of Pojoaque outside Santa Fe.

Here's an utterly unsurprising spoiler: the outcome in Plains Commerce only aggravated the perversity of the incentives facing tribal governments. In the article I said that the Montana exceptions had been whittled away to near-nothingness; in Plains Commerce the Court just shaved a bit more wood off the paper-thin bit that remained. Step by step, the Court continues to make a bad situation worse.

For newcomers to Plains Commerce, I recommend the superb amicus brief from the Solicitor General.

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